Topic outline
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Production
The Panopto Recorder can record just audio. To do this, set up your audio settings and then deselect/uncheck all video recording options. However, Panopto can only handle a single microphone input meaning you may have to use external hardware/software to record an interview/conversation style podcast. As this requires specialised equipment and/or techniques, please contact the media team (via Charlotte Rose) if you'd like to discuss options for setting up a conversational podcast recording.
Internal Hosting
Panopto can host audio podcasts with the same functionality as hosting video. If your podcast is only intended as course content, Panopto is your best and easiest option.
External Hosting
If you'd like to host your Podcast so that it can be accessed via services such as Apple Podcasts or Google Podcasts, this will need to be done externally to Panopto. There are many services that offer this type of hosting, each with their own pricing and features. Free services will most likely not suffice in this case as these podcasts cannot contain advertisements if they're representing UniSA.
What to consider when hosting podcasts externally
Information on the production and distribution
UniSA Legal have provided some information on the production and distribution of podcasts representing UniSA. The information below is directly quoting this information as it was provided to us.
We have prepared this table of issues UniSA should consider when any host service providers are used to distribute a podcast, based upon those providers’ current published terms and conditions – those highlighted in blue are of particular note. For example, in Podbean’s terms of use, if an academic employed by UniSA signs up with Podbean on behalf of UniSA, UniSA will be bound by Podbean’s terms of use. Please note that the table only references a few host service providers by way of illustrative examples and we appreciate that it is possible that UniSA / its academics will engage entirely different host service providers. Having said that, there are a few common themes throughout the various terms and conditions:
- podcast content must not contain abusive, confidential or defamatory material, such that UniSA should carefully vet any podcast and ensure that it removes contentious materials before the podcast is made available to the public. This is equally relevant for podcasts that UniSA seeks to disseminate itself;
- podcast content must not contain any third party materials for which further consent, or royalties are payable, for its use by the host service provider or any persons to whom it distributes the podcast . For example, if the podcast contains any background music / soundtrack, the academic reciting someone else’s work or has been recorded / edited by an independent contractor, any of the creators of the music, the work being recited or the sound recordings may allege infringement of IP rights in their work, if consent is not obtained or the conditions upon which consent is obtained are not complied with. Again, this is equally relevant for podcasts that UniSA seeks to disseminate itself;
- the host services provider has a wide discretion to distribute the content through various mediums, and in some instances, may freely use UniSA’s name and logo in connection with promoting the podcast, given the reputational issues involved for UniSA, you should ensure that the host service provider is reputable, that any use of UniSA’s name and logo is appropriately confined to promoting the podcast (and does not extend to broader purposes such as promoting the host service provider) and that the various mediums through which the podcast may be disseminated are appropriate – in other words, that those mediums are consistent with UniSA’s role as an academic institution.
You should also check that any host service provider selected by UniSA (or an academic on its behalf) does not require an exclusive licence to the podcast, which might preclude UniSA from making the podcast available on its own website / platforms.
IP Ownership (Academics)
- Copyright law protects the sound recordings for the podcasts, together with any literary works (eg. written scripts / transcripts for them). Generally speaking, in accordance with copyright law, the owner of copyright in works is the author of the works. However, where an employee creates works in connection with their terms of employment, their employer will generally own the copyright. Determining whether a work was created as part of someone’s employment involves a detailed analysis of what they have been hired to do.
- UniSA has a policy which deals with the ownership of intellectual property: the “IP Ownership and Management Policy”(RES 22, dated 16 December 2016, Council Resolution 2016/7/14)” (Policy).
- As a general rule, UniSA owns all ‘University IP’ created by academics in the course of, or incidental to, their employment. For example, if an academic creates a podcast:
- in the course of or incidental to their employment;
- using UniSA premises, facilities, resources or pre-existing UniSA IP; or
- as part of a project funded by, or subject to a commercial agreement with a third party, UniSA may seek to argue that it owns the IP in the podcast. Just be conscious that if the podcast is produced under a funding agreement (with, e.g., a publicly funded research agency or an industry partner), it will be necessary to assess, on a case-by-case basis, whether the funding party has any claim over the IP produced, under the terms of that agreement.
- One other exception to the general rule is where the academic creates a ‘Scholarly Work’ whilst employed by UniSA. In this context, Scholarly Works refers to those works that are a natural consequence of academic scholarship and includes creative works such as podcasts. Under the Policy, Scholarly Works are owned by the academic. “Scholarly Works” are not further defined in the Policy and the guidance published by various tertiary education bodies online (such as the Council of Australian University Librarians) is unhelpful in this regard.
- In light of this uncertainty, we recommend that UniSA clarify the IP ownership position with academics before the relevant content is created, to avoid uncertainty and the potential for disputes in relation to IP ownership. Irrespective of whether UniSA or the academics own the IP in the podcast, the owner should be cited verbally and in any written transcript of the podcast. This would ideally occur at the beginning of the podcast.
IP Use (Academics)
Even if the academic retains copyright in the podcast as a “Scholarly Work” UniSA will have the ability to use the podcast for educational, teaching, research and commercialisation purposes and for dissemination under clause 4.2 of the Policy.
- podcast content must not contain abusive, confidential or defamatory material, such that UniSA should carefully vet any podcast and ensure that it removes contentious materials before the podcast is made available to the public. This is equally relevant for podcasts that UniSA seeks to disseminate itself;
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